tv KPIX 5 News at 5pm CBS November 7, 2013 5:00pm-5:31pm PST
never ever a hate crime. >> reporter: cameras were not allowed inside the courtroom. prosecutors charge thomas with assault and mayhem adding the hey crime enhancement to both counts -- a hate crime enhancement to both counted. the 18-year-old victim is still recovering suffering from second- and third-degree burns to his legs. fleischman identifies himself as an agender person, neither male nor female. neighbors say he often wears a skirt. leaders in the lgbt community are glad the d.a. is sending a strong message. >> it's not okay to set someone on fire, period. we're all human beings and nobody should have to suffer that kind of trauma. it's unreal. >> reporter: richard thomas will be back in court next tuesday. that's when he will be represented by a private attorney. now, we typically don't identify suspects under the age
of 18. but because a d.a. has released his name and also charged them as an adult, allen, we are identifying him, as well. >> all right, da lin in oakland, thank you. legal experts say that if he is convicted, that hate crime enhancement would add as many as three years to richard thomas' prison term. one of bart's unions wants a criminal investigation to last month's accident that killed two workers. kpix 5's mark kelly on charges that bart's safety rules have no teeth. >> reporter: for four hours, state legislators heard testimony from bart unions and management. the goal, understand why on october 19, bart's staff christopher shepherd and contractor lawrence daniels lost their lives hit by a bart train in walnut creek. the unions point the finger at bart's culture saying trains running on time not safety is the top priority. >> we wanted safety to be addressed one of our sticking points. >> safety has always been our
top priority. >> reporter: bart workers shared personal stories of dangerous working conditions on the job including physical assaults. >> but these rules are only really enforced after something goes wrong. >> reporter: and last month, something went fatally wrong. shepherd and daniels were work -- sheppard and larry daniels were working under the "simple approval" practice where workers are responsible for their own safety. since the accident bart has eliminated the practice for the time being replaced it with a work order practice that management says is time- consuming and costly. is your position that bart believes that the simple approval process is a best practice and should be continued? >> we are going to have to come to grips with how to do without this procedure and substitute for it a procedure that is going to be more disruptive potentially to the service, may have impacts on our budget. it may even quite frankly
impact the hours of operation at bart. >> reporter: over the years bart, has racked up dozens of worker safety citations from cal/osha. instead of addressing them, legislators say bart appealed them for years all in an effort to keep from changing their culture and policies. >> there's just been a long line of appeals that continue to drag the situation out and have actually forced us to be here today. >> engage in dialogue and share information and especially on issues involved in the citations. anytime there would be a citation -- [ indiscernible ] >> reporter: in san francisco, mark kelly, kpix 5. >> the national transportation safety board is handling the investigation into last month's deadly accident. it could be up to a year before there is a final report. san francisco is making a new push to cut down on robberies on muni. specifically, they want to eliminate the number of thefts of smartphones. police have upped their patrols and are making a dent. they are now calling on riders
to keep their eyes up and put their phones down as part of a new campaign. chief greg suhr says two out of every three robberies in the city involve a smartphone. >> don't make it available. you wouldn't walk down the street counting hundreds of dollars. that's what you're doing when you're not paying attention and engaged or engrossed in your cell phone. >> this new campaign will feature ambassadors as well as plenty of signs to get people to pay attention and avoid becoming a victim. twitter took off on its first day of trading with shares jumping 73%. [ bell ] >> and trading was "fast & furious" after the opening bell rang this morning. twitter's initial public offering was priced at $26 a share. shares opened above $45 on the new york stock exchange. the price climbed as high as $50 before closing the day at $44.90. that values it at more than $31 billion. twitter has never turned a
profit. executives say they have a plan to attract advertisers. optimism drove share gains. >> investors are investing in two different things. the outlook that they will turn profitable and the management team here. >> twitter was the most actively traded stock in the united states today. more than 113 million shares exchanged hands by the closing bell. not everybody is happy about twitter's ipo. >> what do we want? >> affordable housing! >> when do we want it? >> now! >> protestors were outside the company headquarters in san francisco this morning. they say tech companies getting corporate tax breaks are to blame for rising rents and evictions in midmarket in the tenderloin. >> we want all residents in san francisco to prosper. but there has to be a place for working class people here. >> protestors also plan to speak out tonight at the neighborhood citizen advisory committee meeting. it was a 9-year-old marin
county girl actually ringing the opening bell today. vivian harr was there with actor patrick stewart and a boston police officer. vivian used twitter to get the word out about her lemonade stand. twitter one of the few standouts on the market today. the dow, s&p, nasdaq, all fell as investors worry the federal reserve could start pulling back on its economic stimulus next month. a sunnyvale mother reunites with her two-week-old son today after the father allegedly kidnapped him and fled to mexico. santa clara county authorities tell us patricia romero flew to arizona this morning to be with her baby. police issued an amber alert late tuesday after the father mesut guler allegedly kidnapped the boy and drove across the mexican border. mexican authorities found him and the baby unharmed and turned them over to border patrol agents in arizona. 22-year-old guler appeared in
an arizona courtroom today and is waiting extradition back to the bay area. officers say that guler threatened to harm himself and the baby after an argument with the mother about wanting to move out of the state. students at san jose state can breathe a little easier. the university's president says spring classes won't be cut after all. just yesterday, school officials threatened to eliminate dozens of classes due to a budget shortfall of nearly $4 million. but today, they said they are changing course and will redirect money for infrastructure to cover the difference. that nation was shocked when a girl was gang raped in 2009. the school district faced criticism for it. kpix 5's john ramos reports the hard lessons have led to major changes. >> reporter: when people first heard about the monstrous gang- rape in this darkened courtyard at richmond high school, many asked, how could this happen? a year later the federal
department of education's office of civil rights began investigating the west contra costa school district. the final report released wednesday accused the district of ignoring a culture of harassment, saying, sexual assaults, unwelcome touching, demands for sexual favors and the use of derogatory language created a hostile environment at district schools. that was happening at places like de anza high school in el sobrante. >> literally did not feel like a safe place. kids were not respecting each other. the hallways were physically -- it felt unsafe. >> reporter: so the district began making major changes in all its schools. de anza, for example, was totally remodeled and now has more than 130 surveillance cameras as well as campus security and two richmond police officers. the school set a higher standard of behavior and began enforcing the rules. that was just the beginning. the staff then began talking to the kids. and more importantly, listening to them. the campus health center has
become a place of refuge where kids can discuss the problems and resolve disputes. the principal says the secret is people getting to know each other. >> every student, every staff, we care about each other and we work well together respecting each other. >> reporter: and the approach is working. the year of the gang-rape there were more than 180 expulsions districtwide. last year, they had five. >> everything has changed. just starting with how the attitudes of students, how some of the old school i think more students they didn't care about academic or school spirit. coming into the new building the rallies are more amazing, teachers are more involved in students' lives. >> reporter: what was missing from the west contra costa school district was respect for each other. they have rediscovered that and it is making a difference. in el sobrante, john ramos, kpix 5. >> now, even though the office of civil rights just released its report yesterday, it has already accepted the school
district's changes as a settlement of the federal inquiry. well, a man comes to the u.s. for medical treatment. now the airline says he is too fat to fly back. >> now they just leave us and they brought us here. >> the family's desperate struggle to get home. >> "lululemon" says it's not their fault if your yoga pants are see through. how the boss is trying to place the blame on women. >> mother nature dishing out yet another sunny day yet another mild day some of you close to 80 degrees november 7th. live look outside over san jose where you made it to the 70s today. beautiful evening. we'll talk about whether we're still in line for that rainfall to move in coming up. [ drumming ] >> busting a move right before major surgery. the dance party in a bay area operating room that's gone viral. ,, ,,,,,,
tesla s has caught fire. let me show you all that's left of the car that caught fire in tennessee. not much there! it was in a crash before it burst into flames. tesla sending a team to investigate just what happened. a bay area teen's eagle scout project is helping improve safety at san jose's airport. caleb showed off these traps he built at mineta today. the usda is using them to capture, band and relocate the birds of prey particularly red- tailed hawks which are often spotted around the airport. a french family stranded in chicago after the airline that brought the family here refuses to take them back saying their son is too fat to fly. 22-year-old kevin weighs 500 pounds. he spent a year and a half at the mayo clinic for hormone disorder treatment. his family was supposed to fly back to france on british airways. they say he is too big to fit
supply. c-b-s repo it's considered the worst kind of fat for your heart. now the feds are phasing it out of our food supply. ko im on a move that could save thousands of lives every year. >> reporter: you can find them in fried and processed foods and while many companies and restaurants have been phasing out transfats, the fda wants to completely cut them out of the american diet. >> i think that's good. i mean, it's a problem in the united states. >> reporter: government health officials say transfats are a public health concern. they are considered the worst kind of fat for your heart because they can raise bad cholesterol. >> we could save about 7,000 lives and prevent about 20,000 heart attacks in this country every year. so that's why we think this is an important step. >> reporter: new york was the first city to ban transfats 7 years ago. since then, several other cities and states have done the
same. 10 fat food chains have also eliminated transfats entirely. the fda says it will take feedback on the new requirement for two months. but then set a time like for the facing out. ko im for cbs news, new york. >> the institutes of medicine says transfats provide no known health benefits and there is no safe level for consuming them. "lululemon" is making headlines again for those sheer yoga pants. the company's founder is blaming the customer. chip wilson told bloomberg tv, quote, quite frankly, some women's bodies just don't work for the pants. "lululemon" lost millions when it recalled the see-through pants last spring. wilson's comments sparked outrage on the company's facebook page. he backed off a bit later in the interview saying, i just think it's how you use them. a bay area woman found a creative way to fight her pre- surgery jitters. before her double mastectomy this week, she did this. ♪[ music ]
>> a dance party in the operating room. dr. deborah cohen and her medical team grooved to beyonce's hit. the video already racked up over a million hits on youtube. cohen was discharged from ucsf medical center at mount zion yesterday and you can watch the entire six minute clip on our website, kpix.com. i highly recommend you do it. it will make your day. great attitude. all right, paul. we're enjoying perfect weather here. this typhoon that i heard about earlier, you have better pictures of it? >> this typhoon about to hit the philippines or hitting it now could be one of the biggest storms ever recorded anywhere on earth anytime. sustained winds right now are upward of 200 miles per hour! 50 to 70-foot waves and it's going to slam into the philippines over the next 24 hours. wind gusts 220 miles per hour. i have seen reports of the
damage at the coastline look like a tsunami hit there. but it's not a tsunami. it's a typhoon. we call them hurricanes. they call them typhoons. this one would be about 30 miles per hour stronger than hurricane andrew which hit south florida back in 1992. big problems in the philippines. contrast those pictures with this serene picture from the cliff house, ocean beach, another sunny day highs in the 60s at the coast made it to the 70s inland. there's mount diablo in the background. oakland you are still in the 70s. livermore 69 degrees. san jose you have cooled down to 63 but a nice day for you, santa rosa 69 degrees. concord also 69. where do we go tonight? right around 50 in the city. oakland emeryville, 49 for you in san jose and campbell. mountain view 49. napa and healdsburg dropping down to 44. i asked the weather service to please check for me how this dry streak that we have going, 47 days when you include today. how does that rate compared to fall dry streaks in san francisco's history? right now we are ranked number 6. this is the 6th longest dry streak in the autumn season
ever in san francisco. and if it doesn't rain between now and tuesday, it would be number 4. but here's the deal. it will rain between now and tuesday because this big ridge of high pressure which has taken every storm for the past 6.5 weeks and shoved it north like that one right there big time winds for seattle and portland, it's finally going to move. it won't happen over the next couple of days. you will get the sunshine. any rainfall from this particular storm will only make it about as far south as mount shasta but by next week, the ridge moves which allows lower pressure to move in giving you rainfall. not much, but some showers will be around next monday and also next tuesday. so what to expect? that means the weekend is going to be dry. it's trending sunnier both saturday and sunday mainly sunny. showers monday and tuesday of next week. then after that, high pressure comes back and the sunshine comes back. tomorrow friday livermore 73. san jose 69 degrees. cupertino you will hit 68. hayward sunshine and 65. low 70s in pittsburg and pleasant hill. san ramon 72. looking at a high of 62 in the city tomorrow.
alameda 66. petaluma 70. and sunshine up toward clearlake with highs in the low 70s. extended forecast, we stay mainly sunny and mild. seasonably mild through the weekend. monday the showers move in. tuesday the showers move out. sunshine is back next wednesday and next thursday. that is your kpix 5 forecast. the sold-out stanford oregon football game kicks off in less than an hour and palo alto police are warning drivers to avoid the area if they can. >> we put chopper 5 up live to give you this look of traffic near the stadium and as you can see, things are really starting to back up. it's pretty heavy gridlock. there's the stadium right there. so you can tell, it's el camino real, embarcadero and i'm sure this definitely gets back to highway 101, as well. >> mobile weather's roberta gonzales got to the stadium early. how's it looking? >> reporter: i got to tell you, we are at the hottest ticket in town. mobile weather. we just pulled on up to standards stadium. let's look at the current air
-- stanford stadium. look at the current air temperature, wonderful. let's head over here. >> sharon,. >> ashley. >> carly. >> sierra. >> olivia san tan. casey. >> eric. >> reporter: and did your mama let you paint your face like that? >> of course she did. [ laughter ] >> reporter: why did you do that? >> because i love stanford! >> wah! whoo! >> reporter: we are here at stanford stadium. okay, let me tell you why this game is so important. stanford right now in the pac- 12 is ranked number 5. the university of oregon the dogs are ranked 3. last year stanford beat oregon. >> whoo! >> reporter: and knocked them out of championship title. this year, it's such an important game because -- [ screaming in the background ] >> reporter: -- they're all fighting for the title now. very important game. 50,000 people will fill the stadium. we'll stay here the whole time. we will report back to you at 6:00 tonight. >> whoo! >> reporter: reporting for mobile weather from stanford, roberta gonzales, kpix 5.
but what if you've already d for that repair yourself? as julie watts on the consumerwatch explains, it n ad to getting car owners get recalls, notices from service campaigns of the manufacturer. what if you already paid for the repair? as julie watts on the consumerwatch explains, it is a long road to getting reimbursed. >> reporter: just really enjoy driving it. >> reporter: sally was actually happy to get a letter from bmw informing her there was a problem with her mini's power steerin pump. one months earlier she paid her mechanic $2,000 to fix the same problem and the letter from bmw clearly stayed mini owners who had already done the repair could expect at least some reimbursement.
>> i thought oh, great. i should get some of my money back. >> reporter: but when the retired teacher filed a claim with bmw, it went nowhere. and consumer lawyer says she is not alone. >> the government has complaints on file that bmw is not carrying out to me reimbursement to consumers as -- the reimbursement to consumers as they say. >> reporter: they are required to fully reimburse customers who already repaired their cars but this wasn't exactly a recall. it was a service campaign. >> a service campaign is a weaker version of a safety recall. >> reporter: and service campaigns don't require carmakers to reimburse customers. but the bmw letter to sally indicated it would pay and she was tired of waiting for a response. >> i was pretty upset because that's a lot of money. >> reporter: so she called consumerwatch and we called bmw. within hours the carmaker
approved the entire amount. good news for the retiree back behind the wheel where she started financially now that her $2,000 check is on the way. now, car companies do require receipts for reimbursements and sally finally got hers today. bmw acknowledged there have been some delays in reimbursing mini owners saying it's taking longer than anticipated. remember, if you have a consumer problem, give us a call, 888-5-helps-u. now for a look at what's ahead on the evening news. we have scott pelley in new york tonight. scott? >> reporter: hi, allen and liz. great to be with you in the bay area. as you have been reporting the fda today moved to ban transfats. we are going to sit down with the head of the fda to understand why they have taken this action. plus, a former miami dolphin tells us about harassment and racial slurs in the locker room. those stories tonight on the "cbs evening news" at 5:30 right after kpix 5 news. ,,
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mattress price wars end monday at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ even when the trains are crowded, we caught cyclists i'm ken bastida in the kpix 5 newsroom. coming up at 6:00 tonight, even when the trains are crowded, we caught cyclists cramming their bikes on to bart. so what are the rules? is this a free-for-all or what?! the answer we got from bart's bike program manager. and in light of twitter's successful first day on the stock market, we compare it to facebook's ipo and ask the financial planner if it's worth pouring your money in. we'll have those stories and much, much more tonight at 6:00. >> thank you. we'll look forward to that.
thanks for watching us the a5:00. the "cbs evening news with scott pelley" is next. >> pelley: tonight, food is declared unsafe. the f.d.a. moves to ban transfats found in popcorn, desserts, pizzas and margarine. chip reid has details. twitter takes flight. elaine quijano on the bluebird's wall street debut. a former miami dolphin tells us about harassment and racial slurs in the locker room. >> this is common throughout the whole entire nfl. >> pelley: james brown of the "nfl today" on the league's investigation. and the big-city mayor who said this about crack cocaine. >> have i tried it? um, probably in one of my drunken stupors. >> pelley: now has another drunken rant to explain. >> i need ( bleep ). it will be over in five minutes. captioning sponsored by pt